Duraiarasan M v. The Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) No.11593 of 2025 M.Duraiarasan ... Petitioner Vs

1. The Executive Officer, Hindu Religious and Charitable Endowments, Arulmigu Angalaparameshwari Thirukovil, Ennadhi Sengottai, Manamadurai Taluk, Sivagangai District.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments, Sivagangai District.

3. The Ennadhi-Sengottai Kavalkaara Vagayara Committee, Represented by Thangapandian, Arulmigu Angala Parameswari Thirukovil, Ennadhi Sengottai, Manamadurai Taluk, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st and 2nd respondents to 1/6

restraining the 3rd respondent from collecting a sum of Rs.400/- from each devotees and conducting Goat slaughter at the premises of Arulmigu Angalaparameshwari Thirukovil, Ennadhi Sengottai, Manamadurai Taluk, Sivagangai District on the base of the petitioner's representation dated 22.04.2025 within the stipulated time frame fixed by this Court. For Petitioner : Mr.K.Gokul For Respondents : Mr.S.S.Madhavan (R1 & R2) Additional Government Pleader *****

ORDER

This writ petition has been filed seeking for a direction to the first and second respondents to restrain the 3rd respondent from collecting a sum of Rs.400/- from each devotees and conducting Goat slaughter at the premises of Arulmigu Angalaparameshwari Thirukovil, Ennadhi Sengottai, Manamadurai Taluk, Sivagangai District on the basis of the petitioner's representation dated 22.04.2025.

2. When the matter is taken up for hearing, the learned Additional Government Pleader appearing for the respondents submitted that the aforesaid 2/6

temple festival for the year 2025 is over and therefore, this writ petition has become infructuous.

3. On the other hand, the learned counsel appearing for the petitioner would submit that the subject temple festival is perennial in nature and festivals are being celebrated each year. Now, the third respondent is collecting Rs.400/- from each devotees for Goat slaughter at the premises of the subject temple. In this regard, a representation was made by the petitioner and hence, it may be considered in accordance with law.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

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5. In the light of the above observations, there shall be a direction to the second respondent to consider the petitioner's representation dated 22.04.2025 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and the private respondent, as well as all other persons, who may be necessary in the subject matter, within a period of three months from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Index : Yes / No 13.06.2025 NCC : Yes / No Sm 4/6

TO:-

1. The Executive Officer, Hindu Religious and Charitable Endowments, Arulmigu Angalaparameshwari Thirukovil, Ennadhi Sengottai, Manamadurai Taluk, Sivagangai District.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments, Sivagangai District.

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C.SARAVANAN, J.

Sm 13.06.2025 6/6